( 1 ) A short question arises in this petition whether the first respondent who was nominated by the Government of Gujarat as its nominee on the Board of Directors of the second respondent-and under sec. 80 of the Gujarat Co-operative Societies Act 1961 entitled to act as a director and attend the meeting or to vote or participate in the discussion of the Board of Directors. The said question arises in the following Circumstance :-

( 2 ) THE second respondent herein is a Co-operative Bank registered under the Gujarat Co-operative Societies Act and the petitioner is a member of the said Bank Respondent No. 1 was appointed as a State nominee by the State of Gujarat on the Board of second respondent-Bank on September 26 1973 The first respondent herein had taken a loan from Baroda Peoples Co-operative Bank on September 22 1970 The Baroda Peoples Co-operative Bank is a Co-operative society carrying its activities within the area of operation of the second respondent-Bank. The loan in question was repayable on September 15 1972 But as it was not repaid upto the date of nomination of the first respondent by the State Government on the Board of the second respondent-Bank the